CONSTRUCTIVE NOTICE UPON REGISTRATION

TORBELA vs. SPOUSES ROSARIO, G.R. No. 140528, December 7, 2011

Section 52 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree,reads: SEC. 52. Constructive notice upon registration. Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds for the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing, or entering.

Neither are we persuaded by petitioners argument that the Register of Deeds did not: (a) informGaudencio Blancaflor of the levy of TCT No. 14749 and the inscription of the Certificate of Sale on19 December 1968; (b) notify him of the levy and subsequent sale at public auction; or (c) requireGaudencio Blancaflor to produce his owners duplicate copy of the title for inscription. Section 52 ofP.D. No. 1529 expressly provides: SEC. 52. Constructive notice upon registration. -- Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land, shall, if registered, filed or entered in the office of the Register of Deeds for the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing, or entering.

There was constructive notice of the levy on TCT No. 14749 and the subsequent auction sale, asevidenced by the inscription of both the Notice of Attachment or Levy and the Certificate of Sale atthe back of TCT No. 14749. Petitioners are thus barred from claiming that their predecessor-in-interest was not notified of such levy and auction sale. As regards inscription in the owners duplicatecopy of the certificate of title, petitioners have overlooked the fact that what is involved herein isthe involuntary conveyance of Lot 22 covered by TCT No. 14749 by way of levy upon execution. Insuch a case, title is transferred by involuntary alienation and by its very nature such transfer iscarried out against the will of the owner. Section 71 of Presidential Decree No. 1529 thus provides: Sec. 71. Surrender of certificate in involuntary dealings. -- If an attachment or other lien in the nature of involuntary dealing in registered land is registered, and the duplicate certificate is not presented at the time of registration, the Register of Deeds, shall, within thirty-six hours thereafter, send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court, and it shall, after notice, enter an order to the owner to produce his certificate at a time and place named therein, and may enforce the order by suitable process.